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2021 Supreme(Del) 1292

V. KAMESWAR RAO
Rajeev Kapoor – Appellant
Versus
Janak Kapoor – Respondent


JUDGMENT

V. Kameswar Rao, J. - This appeal has been filed by the appellant against the order dated December 17, 2019 whereby the Trial Court had rejected the counter-claim filed by the appellant, who is defendant No.1 in a Suit filed by the respondent No.1 Smt. Janak Kapoor (Janak Kapoor) before it.

2. The brief facts leading to the filing of this appeal are that Late Kewal Krishan Kapoor, the father of the appellant and the respondent No.2 and the husband of the respondent No.1 had purchased a property bearing No.8A/140, WEA, Karol Bagh, New Delhi (suit property, for short) from one Dhruv Kumar in the year 1974. It was his self-acquired property. He had, by a Will dated August 22, 1994, bequeathed the property to his wife Janak Kapoor/ respondent No.1 herein, with the observation that if she is not alive at the time of his death, the suit property would be inherited equally by his two sons, i.e., Rajeev Kapoor (appellant) and Amit Kapoor (respondent No.2). On November 21, 1994, Delhi DevelopmentAuthority (DDA, for short) mutated the suit property in the name of Janak Kapoor / respondent No.1. The property stood transferred in the name of the Janak Kapoor / respondent No.1 with the N

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